Regulating Workplace Safety: Systems and Sanctions

Hardcover | July 15, 1999

byNeil Gunningham, Richard Johnstone

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Drawing from experience internationally, on recent and important developments in regulatory theory, and upon models and approaches constructed during the author's empirical research, this book addresses the question: how can law influence the internal self-regulation of organisations in orderto make them more responsive to occupational health and safety concerns? In this context, it is argued that Occupational Health and Safety management systems have the potential to stimulate models of self-organisation within firms in such a way as to make them self-reflective and to encourageinformal self-critical reflection about their occupational health and safety performance. This book argues for a two track system of regulation under which enterprises are offered a choice between a continuation of traditional forms of regulation and the adoption of a safety management system-based approach on the other. The book concludes with a discussion of the use of criminal andadministrative sanctions to provide organisations with incentives to adopt effective Occupational Health and Safety management systems. The book proposes a wider range of criminal sanctions and sentencing guidelines to ensure employers receive sentencing discounts where they have introducedeffective management systems.

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From the Publisher

Drawing from experience internationally, on recent and important developments in regulatory theory, and upon models and approaches constructed during the author's empirical research, this book addresses the question: how can law influence the internal self-regulation of organisations in orderto make them more responsive to occupational...

Neil Gunningham is Professor of Law and Director of the Australian Centre for Environmental Law at The Australian National University, Canberra. In 1997 he was Visiting and Senior Fulbright Scholar at the Centre for the Study of Law and Society, University of California, Berkeley. He was previously a Research Fellow at the American Ba...

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Format:HardcoverPublished:July 15, 1999Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198268246

ISBN - 13:9780198268246

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Table of Contents

Table of abbreviationsIntroductionFrom compliance to best practice in OHS: The roles of specification, performance and systems-based standardsTowards a systems-based approach: Voluntarism, legislation or incentives?Two paths to enlightenment: A two-track approach to regulationFrom adversarialism to partnership: Track two regulationThe top of the enforcement pyramid: rethinking the place of criminal sanctions in OHS regulationBigger sticks: Tougher and more flexible sanctions for OHS offendersConclusionAppendixSelected BibliographyIndex

Editorial Reviews

`This new book uses many of the latest theoretical discussions of regulation... proposals are articulated clearly and defended with reference to practical examples drawn from around the world, but with special emphasis upon the United States, the United Kingdom, Australia, Sweden, andDenmark... the policy prescriptions laid out so clearly in the text are certainly worth considering and experimenting with.'Comparative Labor Law Policy Journal